Another Cracking-the-Code Success Story

[Joey Smith]

oldhawaiiscot
Joined: 03 Jan 2008
Posts: 148
Location: Kaneohe, Hawaii, USofA
Posted: Wed Sep 23, 2009 6:51 pm Post subject: IRS withholding social security benefits through

Received a letter from the Department of the Treasury, Financial Management Service in Birmingham Alabama today.

They let me know that the IRS is reducing my social security by $217.20 a month to repay what they call a 25 grand debt for 2001 taxes.

They already went into my savings account at the credit union and took eight thousand. Withdrew the rest so I could hire a lawyer who told me that he could help me. After paying him 4K and him telling me that he would not sue to help me.....

I have mailed request for CDPH for this year and later years when they are fining me for not filing(ctc 1040X's filed) and called the number on the form they tell me to call which is in Kansas City and go through the phone tree, where they tell me that they cannot access years older than 6 years ago, that if I want photo copies it will cost me $57 for each one..... Got fed up waiting to talk to an agent to let them know that I have filed request for CDPH....

I am very very pissed at the moment...

[Quixote]

In his response to oldhawaiiscot's post, smudge wonders how the IRS gets around Section 207 of the Social Security Act to levy on oldhawaiiscot's social security benefits.

(a) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
(b) No other provision of law, enacted before, on, or after the date of the enactment of this section, may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section.

SEC. 207. [42 U.S.C. 407] Emphasis added.

(c) No other property exempt
Notwithstanding any other law of the United States (including section 207 of the Social Security Act), no property or rights to property shall be exempt from levy other than the property specifically made exempt by subsection (a).

IRC §6334(c) Emphasis added.

As always, reading is fundamental.

[LPC]

In his response to oldhawaiiscot's post, smudge wonders how the IRS gets around Section 207 of the Social Security Act to levy on oldhawaiiscot's social security benefits.

(a) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
(b) No other provision of law, enacted before, on, or after the date of the enactment of this section, may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section.

SEC. 207. [42 U.S.C. 407] Emphasis added.

(c) No other property exempt
Notwithstanding any other law of the United States (including section 207 of the Social Security Act), no property or rights to property shall be exempt from levy other than the property specifically made exempt by subsection (a).

IRC §6334(c) Emphasis added.

As always, reading is fundamental.

I also recently discovered that the "anti-alienation" provisions of the Employee Retirement Income Security Act of 1974 (ERISA) does not stop the attachment of federal tax liens, and that a federal tax lien can attach to qualified retirement benefits. See, e.g., Shanbaum v. United States, 32 F.3d 180 (5th Cir. 1994); United States v. Sawaf, 74 F.3d 119 (6th Cir. 1996); United States v. McIntyre, 222 F.3d 655 (9th Cir. 2000); United States v. Taylor, 338 F.3d 947 (8th Cir. 2003).

Apparently, courts take the "notwithstanding any other law of the United States" in IRC section 6334(c) very literally.

[Imalawman]

I have a lot of trouble with this section. Its one thing to make the IRS a super creditor - change the priority rules just for them, while also making their tax liens non-dischargeable (though that's a function of bankruptcy law more the anything in the IRC), the IRS is also not subject to state exemptions. I think that they should be. I do not think that the IRS should be able to take a persons home (up to a certain amount of value). A taxpayer should be forced to pay taxes and should have to suffer in order to pay their fair share. However, I do not think that the IRS should be granted an interest in the person's home - an interest that can never go away unless they do not re-file the lien.

That's probably my biggest gripe with doing collection work for taxpayers.

[Dezcad]

I have a lot of trouble with this section. Its one thing to make the IRS a super creditor - change the priority rules just for them, while also making their tax liens non-dischargeable (though that's a function of bankruptcy law more the anything in the IRC), the IRS is also not subject to state exemptions. I think that they should be. I do not think that the IRS should be able to take a persons home (up to a certain amount of value). A taxpayer should be forced to pay taxes and should have to suffer in order to pay their fair share. However, I do not think that the IRS should be granted an interest in the person's home - an interest that can never go away unless they do not re-file the lien.

That's probably my biggest gripe with doing collection work for taxpayers.

Why?

What about the protection of 6334(a)(13)(b) and 6334(e)? That seems to be fairly decent protection for principal residences.

Why should federal taxes be subject to state exemptions?

[Olsenfin]

But Harvester assures us that we can, by following the Revelations of CtC, pay no taxes.

I was amused to see Quatloos "outed" (again) by this buffoon.

http://www.independentamerican.org/2010 ... -is-outed/

[The Observer]

However, I do not think that the IRS should be granted an interest in the person's home - ...

Really? So Irwin Schiff could have protected his ill-gotten gains by using his residence as a shield against the federal tax lien? Or for that matter, any taxpayer wanting to avoid paying taxes by buying an expensive residence and using the equity as a tax-shelter?

- an interest that can never go away unless they do not re-file the lien

That interest goes away at the end of the ten year statute, unless the statute was legally extended or if the IRS received a judgement against the taxpayer. The interest is allowed only under Isom to continue if the taxpayer claimed the property exempt on their bankruptcy schedule.

In reality, very few residences ever go to court for suit to foreclose due to a number of issues and review policies. And the taxpayer(s) get their chance to explain to the federal judge why their home should not be used to satisfy the tax liability. Typically these types of cases are egregious in nature and the taxpayer(s) have did nothing positive in trying to resolve their liability and to stop accruing current/future taxes.

[bmielke]

But Harvester assures us that we can, by following the Revelations of CtC, pay no taxes.

I was amused to see Quatloos "outed" (again) by this buffoon.

http://www.independentamerican.org/2010 ... -is-outed/

OH NO HARVEY KNOWS MY NAME!

Oh whatever shall I do?

ETA: Anyone else have the sudden urge to call all the John Harvester's in IL and if one admits to being our Harvey sending him about 50 Cease and Desist Letters?

[The Observer]

I note with amusement that Harvey decided to leave me off the list. I guess he doesn't want to start a fight with the person who has been approving his posts.

[Duke2Earl]

Send me some of that CIA funding.

[bmielke]

I note with amusement that Harvey decided to leave me off the list. I guess he doesn't want to start a fight with the person who has been approving his posts.

Either that or he doesn't know anything about you

[bmielke]

But Harvester assures us that we can, by following the Revelations of CtC, pay no taxes.

I was amused to see Quatloos "outed" (again) by this buffoon.

http://www.independentamerican.org/2010 ... -is-outed/

OH NO HARVEY KNOWS MY NAME!

Oh whatever shall I do?

ETA: Anyone else have the sudden urge to call all the John Harvester's in IL and if one admits to being our Harvey sending him about 50 Cease and Desist Letters?

PERSONALITIES – meet your oppressors!

bmielke (Milkman)- Bill Mielke

Cathulhu – retired from Dept of Energy with a bad back. She says SSA doesn’t get W-2s transcribed onto the shared (IRS) database for 6 to 9 months.

Demosthenes (melonhead)- This is Genna J.J. McNabb, purportedly responsible for turning over targets to DOJ (I believe the word is ‘snitch’). She owns the websites cheatingfrenzy.com redcrayons.net & deathandtaxes.com Married to tax attorney Tim Hanford.

Doktor Avalanche – fights for freedom in Afghanistan with one hand and defends tax slavery with the other. Needs prayer.

Famspear (Famspire, Larry Williams, Lord Farquhar)- As the site owner, Jay Adkisson, rarely posts under his ‘sooltauq’ handle, Famspear is most likely Jay. Why create a playground and not play there? He’s not afraid to quote a lower court that just plain “got it wrong.” The master of deception. Co-wrote the Hendrickson dossier at tpgurus and admits to making about 1000 Wiki edits per year on the subject of taxation.

fortinbras (Shoonra the useful)- Bernard J. Sussman. attorney/retired law librarian. Very knowledgeable but conclusions are flawed.

Gregg – poor little rich guy’s been totally taken in.

Joey Smith – (Infidel Enslaver) easily rattled when called out.

Judge Roy Bean – governments are immune to scams, right?

LOBO (LoBOhead, lobotomy)- typical robotic tax defender

LPC (Large Psychopathic Cat)- This is the notorious Daniel B. Evans, author of the Tax Protestor FAQ, so relied upon by proponents of tax slavery.

Nikki (the warden)- says “DoJ has limited resources and can’t go after every .. tax defier. They are working on shutting down promoters (mostly via injunctions) and prosecuting high-visibility targets.”

notorial dissent (national descent)- seems to think he’ll be taken seriously if he types in blue.

Pottapaug1938 – native American victim of the scam from Massassachusetts.

webhick – geek that helps the webmaster.

wserra – Wes

PATRIOTS
David Merrill – An American sovereign, a true original. Has uncovered much of what’s been hidden. Active at suijurisclub.net
Harvester – yours truly. Truth Warrior.
Reenie – tireless warrior for freedom
Weston White -

To save people the trouble here's the important part. I added the smileys

ETA: Pottapaug1938 I assume he made this uo, if you are native american and that is not an assumption on his part then this is less funny.

[Dr. Caligari]

PERSONALITIES – meet your oppressors!

bmielke (Milkman)- Bill Mielke

Cathulhu – retired from Dept of Energy with a bad back. She says SSA doesn’t get W-2s transcribed onto the shared (IRS) database for 6 to 9 months.

Demosthenes (melonhead)- This is Genna J.J. McNabb, purportedly responsible for turning over targets to DOJ (I believe the word is ‘snitch’). She owns the websites cheatingfrenzy.com redcrayons.net & deathandtaxes.com Married to tax attorney Tim Hanford.

Doktor Avalanche – fights for freedom in Afghanistan with one hand and defends tax slavery with the other. Needs prayer.

Famspear (Famspire, Larry Williams, Lord Farquhar)- As the site owner, Jay Adkisson, rarely posts under his ‘sooltauq’ handle, Famspear is most likely Jay. Why create a playground and not play there? He’s not afraid to quote a lower court that just plain “got it wrong.” The master of deception. Co-wrote the Hendrickson dossier at tpgurus and admits to making about 1000 Wiki edits per year on the subject of taxation.

fortinbras (Shoonra the useful)- Bernard J. Sussman. attorney/retired law librarian. Very knowledgeable but conclusions are flawed.

Gregg – poor little rich guy’s been totally taken in.

Joey Smith – (Infidel Enslaver) easily rattled when called out.

Judge Roy Bean – governments are immune to scams, right?

LOBO (LoBOhead, lobotomy)- typical robotic tax defender

LPC (Large Psychopathic Cat)- This is the notorious Daniel B. Evans, author of the Tax Protestor FAQ, so relied upon by proponents of tax slavery.

Nikki (the warden)- says “DoJ has limited resources and can’t go after every .. tax defier. They are working on shutting down promoters (mostly via injunctions) and prosecuting high-visibility targets.”

notorial dissent (national descent)- seems to think he’ll be taken seriously if he types in blue.

Pottapaug1938 – native American victim of the scam from Massassachusetts.

webhick – geek that helps the webmaster.

wserra – Wes

PATRIOTS
David Merrill – An American sovereign, a true original. Has uncovered much of what’s been hidden. Active at suijurisclub.net
Harvester – yours truly. Truth Warrior.
Reenie – tireless warrior for freedom
Weston White -

I cannot tell you how disappointed I am to not rate being on Harvey's list.

[Pottapaug1938]

ETA: Pottapaug1938 I assume he made this up, if you are native american and that is not an assumption on his part then this is less funny.

I do not have a shred of Native American ancestry (for a family project, my DNA was tested). I'm about 96% British, with a smattering of German, French, and Swiss.

[bmielke]

ETA: Pottapaug1938 I assume he made this up, if you are native american and that is not an assumption on his part then this is less funny.

I do not have a shred of Native American ancestry (for a family project, my DNA was tested). I'm about 96% British, with a smattering of German, French, and Swiss.

See thats just funny... Harvey is so stupid he can't even make good assuptions.

[wserra]

I cannot tell you how disappointed I am to not rate being on Harvey's list.

And all I get is "Wes"?

We gotta try harder, Dr. C.

[The Observer]

Either that or he doesn't know anything about you

Harvester has never let lack of knowledge stop him from giving his two cent's worth. So that can't be the reason.

[Gregg]

This is a repost he did somewhere else or I've made a mistake time traveling again, because I've seen it before. All I rate is "poor little rich guy"? I'm more Illuminati than anyone I know not named Rothschild and that's all he can get? I guess his head would explode that Dan and I share the same last name (no known relation) and I even live in the same state part of the year.

But I was just thinking today that I haven't seen him or Lame (same guy, different avatar) post in awhile and was hoping he either gave up, or his mother took his computer away from him. By bringing him up I'm sure we'll have to hear from him again now.

[bmielke]

This is a repost he did somewhere else or I've made a mistake time traveling again, because I've seen it before. All I rate is "poor little rich guy"? I'm more Illuminati than anyone I know not named Rothschild and that's all he can get? I guess his head would explode that Dan and I share the same last name (no known relation) and I even live in the same state part of the year.

But I was just thinking today that I haven't seen him or Lame (same guy, different avatar) post in awhile and was hoping he either gave up, or his mother took his computer away from him. By bringing him up I'm sure we'll have to hear from him again now.

He posted it at LH not to long ago. Well the list any way the rest of the gibberish I am unsure of, I think he added a name or two this time.

I wouldn't worry about him coming around again, if he does just ignore him.

[Dr. Caligari]

By bringing him up I'm sure we'll have to hear from him again now.

Betelgeuse, Betelgeuse ...